proxmon End User License Agreement

This End User License Agreement (the "Agreement") is between Belotegroup.com ("we", "us", "our") and you, the person or organization that downloads, installs or uses proxmon ("you"). If you accept on behalf of an organization, you confirm that you are authorized to bind it, and "you" means that organization.

You accept this Agreement by ticking the box and selecting "I agree" on the acceptance page at proxmon.net, or by downloading, installing or using proxmon. If you do not agree, do not download, install or use proxmon.

1. Definitions

• "Software" means proxmon as we provide it, including its installers, updates and documentation.
• "License Key" means the key we issue to you (it starts with pmk_), which is used to download the Software and its updates.
• "Plan" means the Free plan or a paid plan we confirm to you in writing (email counts), together with its limits, such as the number of Sensors.
• "Sensor" means one thing the Software is set up to watch, such as a network interface, a CPU, a memory or storage reading, a virtual machine or container, a hardware reading, or a service check, counted as the Software counts them.

2. License

As long as you comply with this Agreement and pay any fees that apply, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on systems you control, for your own internal business or personal purposes, for up to the number of Sensors your Plan allows. The Free Plan allows up to 100 Sensors. You may make the copies needed to install the Software and to back it up.

3. Restrictions

You will not, and will not allow anyone else to:

1. sell, rent, lease, lend, sublicense, distribute or otherwise share the Software or your License Key;
2. use the Software to provide a service to third parties (for example, to manage your customers' servers), unless your Plan expressly allows it;
3. copy, modify or create derivative works of the Software, except as this Agreement allows;
4. reverse engineer, decompile or disassemble the Software, except to the extent applicable law allows it despite this restriction;
5. remove or change any copyright, trademark or other notice in the Software;
6. work around, disable or interfere with the License Key, the update check or any limit of your Plan; or
7. use the Software in breach of any law, or to access systems you are not authorized to access.

4. Ownership

The Software is licensed, not sold. We and our licensors own all rights, title and interest in the Software, including all intellectual property rights. All rights not expressly granted in this Agreement are reserved. If you send us suggestions or feedback, we may use them without any obligation to you.

5. Your License Key

Keep your License Key confidential. You are responsible for all use of it. If it is exposed, tell us promptly at support@proxmon.net; we may replace or revoke it.

6. Plans and fees

The Free Plan has no charge. For a paid Plan you pay the fees we confirm to you (on an order, an invoice or in writing), in advance for each billing period, plus any applicable taxes other than taxes on our income. A paid Plan runs for the billing period you paid for and continues only when you pay for the next period; you can stop at any time by not renewing or by telling us at support@proxmon.net. Fees are non-refundable except where the law requires otherwise or we agree in writing. We may change prices or Plans for future billing periods with at least 30 days' notice; a change never affects a period you have already paid for. If a paid Plan ends or is not paid, your license continues under the Free Plan and its limits.

7. Updates and support

We may provide updates, and this Agreement covers them. Unless your Plan says otherwise, we are not obliged to provide any update, feature or support, and we may change or discontinue features. Downloads and updates require a valid License Key and your acceptance of the version of this Agreement that we require at the time. Support is by email at support@proxmon.net.

8. Your systems and your data

The Software runs on infrastructure that you choose and control. You are responsible for:

1. your systems and networks, your backups, and the security of the machine that runs the Software;
2. the Proxmox credentials and permissions you give the Software;
3. every action taken through the Software by your accounts, including starting, shutting down, rebooting or force-stopping virtual machines and containers, and anything done in the consoles and shells it opens; and
4. the services you connect it to (such as email, notification apps, webhooks, push services and Tailscale) and their terms.

The data the Software collects about your systems stays on your installation. We do not receive it, except the License Key and version number sent when the Software checks for updates, as described in our Privacy Policy. If we host a copy of the Software for you under the Hosted Plan, separate terms that we provide when we offer that Plan will also apply.

9. Third-party software and trademarks

The Software includes open-source components that are licensed under their own terms, which are identified in the Software's files. Those terms govern those components, and nothing in this Agreement limits your rights under them. proxmon is an independent product and is not affiliated with, endorsed or sponsored by Proxmox Server Solutions GmbH. Proxmox® is a registered trademark of Proxmox Server Solutions GmbH. Other names may be trademarks of their owners.

10. No warranty

To the maximum extent permitted by law, the Software is provided "as is" and "as available", with all faults and without warranty of any kind. We disclaim all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Software will be uninterrupted, error-free or secure, or that it will detect or alert you to every problem.

Monitoring and alerts are aids, not guarantees. Do not rely on the Software as the only safeguard for systems whose failure could cause harm.

11. Limitation of liability

To the maximum extent permitted by law: (a) we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, business or goodwill, downtime, or the cost of substitute goods or services, arising out of or related to the Software or this Agreement, even if we were advised of the possibility; and (b) our total liability for all claims arising out of or related to the Software or this Agreement will not exceed the greater of the amount you paid us for the Software in the 12 months before the event giving rise to the claim, or US $50.

These limits apply whatever the legal theory (contract, tort including negligence, or otherwise), and even if a limited remedy fails of its essential purpose. Where the law does not allow a particular exclusion or limit, it applies to the fullest extent the law allows.

12. Indemnity

You will defend, indemnify and hold harmless us and our owners, employees and agents against any third-party claim, and the resulting losses, liabilities, damages and costs (including reasonable attorneys' fees), arising out of (a) your use of the Software, (b) your systems or data, or (c) your breach of this Agreement or of any law.

13. Term and termination

This Agreement lasts until it ends as described here. You may end it at any time by stopping all use of the Software and deleting it. We may suspend or end your license and revoke your License Key if you breach this Agreement and do not fix the breach within 10 days of our notice, or immediately for a breach of section 3 or 5, or where the law requires it. When this Agreement ends, you must stop using the Software and delete it. Sections 4, 6 (for fees already owed), 8, 9, 10, 11, 12, 14, 15 and 16 survive the end of this Agreement.

14. Governing law and disputes

This Agreement is governed by the laws of the State of North Carolina, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Before starting a formal dispute, contact us at support@proxmon.net and allow 30 days to try to resolve it informally. Any dispute must then be brought in the state or federal courts located in North Carolina, and both parties consent to their jurisdiction, except that either party may bring an individual claim in a small-claims court that has jurisdiction.

You will comply with United States export control and sanctions laws, and will not export, re-export or use the Software in a country or by a person where that is prohibited.

15. Changes to this Agreement

We may update this Agreement. We will post each new version at proxmon.net/eula with its date, and for a material change we will also email the address on your license. A new version applies once you accept it. Until then, the version you accepted continues to apply to the copy you have, but we may require you to accept the new version before further downloads or updates.

16. General

This Agreement, together with our Privacy Policy and any order or Plan confirmation, is the entire agreement about the Software; where an order or Plan confirmation conflicts with this Agreement about fees or Plan limits, the order or confirmation controls. If any part of this Agreement is found unenforceable, the rest remains in effect. A waiver is only effective in writing. You may not assign this Agreement without our written consent; we may assign it in connection with a merger, acquisition or sale of all or part of our business. We may send notices to the email address on your license; send notices to us at support@proxmon.net. Neither party is liable for delays caused by events beyond its reasonable control. Your electronic acceptance is binding, and we keep a record of it (see the Privacy Policy).

Contact

Belotegroup.com · proxmon@belotegroup.com